Removal Of Condition in case of Divorce for CGC

[sunnyrai74 0]

Dear Members,

Hope to get good responses and guidance. Thanks in Advance.

I was married to US Citizen (She is from my country) in 2007 in US at church and followed by reception. Her and my family, relatives and friends were present for the marriage as well as for reception. I was on my company H1B till 2009 and she had asked to apply for status change. Got my conditional GC in Oct 2009. The expiration date is Oct 2011 on the card. Things are started changing from her and her family side. Not in a position to take it any more. She doesn't want children even. I do not see any future with her. We do not own any joint property. Their family is trying to take undue advantage of my state (because of this conditional GC) and want to squeeze benefits from me. But there is no material evidence to prove the same.

I have gone through various forums and found that it is very difficult to apply for wavier of joint filing for men. But somewhere I have read that It all depends on the attorney on my side. Kindly advice on the following situations:

1) Kindly suggest what is the best way to waive the condition? As I don't see the future in this relation, Is it good idea to initiate divorce from my side or wait till she initiates the process?

2) 2) Will the following document evidence is sufficient to prove the my marriage was legitimate and happened in good faith ?

a) One year Apartment Lease

b) Joint Bank account even though there is no big balance

c) Last Year combined Tax return

d) Emails after marriage discussing the regular couple stuff

e) pictures and video of Engagement, Marriage and outing with friends and relatives

f) Her relative and her friend is ready to give affidavit about the marriage and relation

g) She was adding to my car as driver in my insurance

h) Was added to her medical insurance as dependent as I was not working for the last few months

I) Few greeting cards sent from her siblings to greet us on birthday and Christmas

J) Together traveled Itinerary copies

H) My parents travel Itinerary copies from my country at the time of marriage.

3) If my I-751 with waiver case was denied, how much time or days I will have to wind up stuff in US and leave the country? (As I may be working or having lease or have to sell my car). Could you please explain the deportation process in this case ?

4) If I lost the case, can I come on my new H1B in future and apply employee based green card ? Will the past case impact my future prospects?

5) Is there any way to get Canadian Citizenship using US conditional green card ?

Once again thank you so much for taking your time in reading my case and hope to get some guidance.

Thanks!

Sunny

[Okalian 41]

I have gone through various forums and found that it is very difficult to apply for wavier of joint filing for men.

Not true. I've been through the process, so did many other VJ'ers here who are also men. All what matters is evidence. Your attorney doesn't make your case any better infront of immigration, all what he does is ensures you properly file the I-751 (and anyone can do it), as well as sit there with you if you're called for an interview (again, you'll be doing the talking, not him). The whole case depends on God's Will, thenyour evidence. No evidence, no approval, even with the best attorney.

1) Kindly suggest what is the best way to waive the condition? As I don't see the future in this relation, Is it good idea to initiate divorce from my side or wait till she initiates the process?

USCIS doesnt care how the marriage ended. It cares whether or not it was bonafide.

2) Your evidence list looks good. Just exclude any videos and focus on financial matters.

3) If my I-751 with waiver case was denied, how much time or days I will have to wind up stuff in US and leave the country?

It's too early to think of this option at the moment, but just to let you know the deportation process is a long one.

4) If I lost the case, can I come on my new H1B in future and apply employee based green card ? I really don't think so

5) Is there any way to get Canadian Citizenship using US conditional green card ?

Seriously?! what does one country's immigration system has to do anything with another????

Edited October 15, 2010 by Okalian

[VanessaTony 3,567]

1. Doesn't matter who starts the divorce. You may as well do it though because the sooner you get it done the sooner you can file for ROC

2. Your evidence list looks good. You have everything that would be asked for (more or less) including health insurance, car insurance, joint bank accounts and joint bills/lease. These are the best evidence you can have. Pics of course too.

3. Usually 30 days to voluntarily depart. I honestly doubt given your evidence that they'd find fraud though, esp as you've been married so long.

4. I don't see why not but then I don't know much about the process.

5. No. The countries are in no way related to each other, except by sharing a border.

[sunnyrai74 0]

Thank you Okalian, Vanessa & Tony for your response. It gives lot of hope, guidance and support from people like you. Thank you once again for your time. Here are my other questions:

1) Is there anyway to contact the persons through email who have gone through and approved like Okalian. The reason why I am asking is to share the personal experience/information and seek guidance.

2)The question is related to affidavit. Is there any weight-age on affidavit person like more weight-age to her side of people and less to my side of people?

3) My wife for sure doesn't want my condition to be removed. The only thing she can do is to delay the divorce so that I have no option to leave after 2 years. Do any one has gone through the similar experience ?

Thanks

Sunny